Fake News

While attempting to research this article, I came upon far too many opinion-based libertarian lobbying blogs, so I’m anticipating some severely misinformed questions in the comments—and I don’t blame anyone for them. The fear-mongering is ridiculous; I saw one writer lamenting the fact that “the new law” disallows workers from determining or waiving their status, but that has always been the case.

Workers can’t choose exploitative work arrangements that violate federal law any more than people can sign contracts agreeing to unlawful arrangements. 

Several writers argued that this is a “major change” that will bring disaster to workers, business owners, and the economy, but what they’re really telling you is how little they understand the world we’re all living in, where misclassification and wage theft are the default business strategy, not rare exceptions, and where business owners are not receiving the education, guidance, or support required to be both compliant and profitable. 

If you’ve been pushed to the brink of panic by these clowns, take a deep breath: at no time has the definition of the word “independent contractor” changed in this country. The rules provide guidance to help workers and employers understand the law (that is literally their entire purpose for existing), but the actual law in this area is very well-established. Only people who want to lean on ignorance as a defense for their bad behavior consider clarity a threat to their freedom. 

The DOL’s rule change simplifies classification, making it more accessible and comprehensive. This should make violations far less likely, which is a win for everyone involved.

The “new” method is more illustrative; it explains itself fairly well. The way each factor is broken down and clarified—with two examples for each—should make it easier for employers to recognize improper use of the independent contractor classification and avoid the consequences associated with misclassification. 

The Difference Between Laws and Rules

The first thing you need to understand is that laws and rules are not the same thing, and anyone attempting to conflate the two deserves serious side-eye.

Laws are codified by legislative bodies (state or federal) and must be adhered to by everyone who falls under that legislature’s jurisdiction.

Rules are detailed frameworks developed by various government agencies to provide guidance. They clarify the law so the public understands how to comply and so the judges who must enforce the law understand how they are applied in practical scenarios. Various agencies are required by law to enforce these rules. (A judge can’t decide not to apply these six factors, for example.) 

The core legal definition of an independent contractor under the FLSA hasn’t fundamentally changed.

The rules help to clarify the DOL’s position and provide insight into how the law should be interpreted and applied; the rule change doesn’t change the law itself. The statutory law and underlying regulations here are very much the same—only the analytical lens through which worker classification is determined has been changed.

Brief History of Worker Classification Guidelines

In 2021, the DOL moved from a five-factor “economic reality” test to a system weighing two core factors: the nature and degree of control the employer had over the work, and the worker’s opportunity for profit or loss. 

The DOL believes this approach didn’t “fully comport” with the text and purpose of the FLSA as interpreted by the courts because the rule included provisions that conflicted with longstanding case law and the established guidance provided by the DOL. Overall, the rule narrowed the test by excising factors the DOL considers relevant when making a determination about a worker’s status. Plus, it departed from decades of case law, which could confuse workers and business owners. 

For those who know a thing or two about US labor and employment laws, the real problem was the prohibition against examining whether the work performed was “central or important” to the employer’s business. It’s a pretty critical element to consider. 

Ultimately, the tests are similar in the following ways, per the DOL’s FAQs:

Both rules identify economic dependence as the “ultimate inquiry” of the analysis; both rules provide a non-exhaustive list of factors to assess economic dependence; and both rules caution that no single factor is determinative. Both rules also clarify that economic dependence does not focus on the amount of income the worker earns, or whether the worker has other sources of income.

The important thing to know is that none of this is likely to negatively impact anyone who was in compliance to begin with.

Per the WHD’s guidance regarding the 2024 Worker Classification Rule:

The Department emphasized that “because this final rule is aligned with longstanding case law, the Department does not anticipate that independent contractors (who sometimes also self-identify as freelancers or small/micro business owners) who are correctly classified as independent contractors under current circuit case law would be reclassified applying the guidance provided in this rule.” 89 Fed. Reg. 1659. 

If your practices currently align more closely with the looser 2021 Rule, it’s time to reevaluate to ensure you’re still in compliance.

The Six-Factor Test for Determining Worker Classification

Factor 1: Opportunity for Profit or Loss Depending on Managerial Skill

Does the worker exercise managerial skill that affects their economic success or failure? Can the worker negotiate the pay, determine whether they accept or decline jobs, and choose the order and/or time in which the jobs are performed? Does the worker engage in marketing, pay for advertising, or take efforts to expand their business or secure more work? Does the worker have the authority to hire others, purchase materials and equipment, or rent space?

• Interpretation: This factor evaluates whether the worker actually exercises independent effort and decisionmaking, without the employer’s influence or an expectation to comply with the employer’s requirements or limitations.
• The Focus: Does the worker call the shots when it comes to their business, or is their independence theoretical at best?

Factor 2: Investments by the Worker and Employer 

Are any of the worker’s investments capital or entrepreneurial in nature?

• Interpretation: Costs borne by a worker to perform their duties are not considered evidence of capital or entrepreneurial investment. This factor examines the degree to which the worker makes investments in their own business’s growth. 
• The Focus: Does the worker make similar types of investments as the employer or investments of the type that would allow the worker to operate independently in the worker’s industry or field?

Factor 3: Degree of Permanence of the Work Relationship 

Is the work relationship indefinite or continuous in duration?

• Interpretation: This factor examines the nature and length of the work relationship.
• The Focus: How independent is the worker, as a matter of economic reality?

Factor 4: Nature and Degree of Control 

Who sets the worker’s schedule? Does the employer supervise or monitor the worker’s performance? Is the worker limited or prohibited from working for others? Who sets the service prices? Who controls the marketing?

• Interpretation: This factor aims to determine whether the worker has sufficient autonomy to be considered an independent contractor.
• The Focus: How much control does the employer have over the performance of the work and the economic aspects of the working relationship?

Factor 5: Extent to Which the Work Performed is an Integral Part of the Employer’s Business 

Is the work critical, necessary, or central to the employer’s business? 

• Interpretation: This factor does not depend on whether any individual worker in particular is an integral part of the business. 
• The Focus: Is the work they perform an integral part of the business?

Factor 6: Skill and Initiative 

Does the worker use specialized skills to perform the work? Do those skills contribute to business-like initiative? Is the worker dependent on training from the employer to perform the work? If the worker brings specialized skills to the work relationship, it indicates that the worker is an independent contractor.

• Interpretation: Any worker can be skilled, so the fact that the worker is skilled doesn’t indicate one status or the other.
• The Focus: Does the worker use their skills in a manner that evidences business-like initiative? 

The Totality of Circumstances

None of these factors alone are considered definitive. Instead, the DOL looks over the totality-of-circumstances, analyzing the entire working relationship before making a determination.

The primary question the test seeks to answer is this: As a matter of economic reality, is the worker dependent on the employer for work, or are they truly in business for themselves? (See: Fact Sheet 13.)

According to the DOL’s announcement (which I recommend reading in full), the March 2024 Rule returns to “an analysis that is more consistent with judicial precedent and the Act’s text and purpose.” Once again, these are not “new laws,” they merely clarify the application of existing laws. 

Regardless of your situation or position in the salon, it’s worthwhile to read every bit of guidance provided, whether the law itself is changing or not. (I say it a lot, but know your rights.) Once you understand the factors, you’ll know misclassification when you see it. 

In some ways, I sympathize. None of us should be forced to learn skills we don’t need. I get it. I really do.

But unlicensed people don’t get to argue that professional licensing shouldn’t exist. Without a license, Jasmine doesn’t have the training to understand all of the risks an unlicensed person in a salon poses to the general public or the massive liability they pose to the salon owner. 

It’s true that licensing requirements were heavily lobbied for and influenced by for-profit beauty academies looking to bloat their bottom line, but regulations requiring education and licensing were also created to attempt to solve problems and establish a shared value system around objectively good practices.

While each state has different regulations, most overlap in a few key areas. By and large, every regulated state agrees:

• Clients have the right to expect a clean and safe salon experience.
• Those seeking to enter the beauty industry have the right to an education sufficient to guarantee that they can competently perform their duties in the salon while protecting themselves and the public from communicable disorders.
• Professionals and clients have the right to a clean, compliant workplace.
• As an industry, professionals are obligated to ensure all of the above or face penalties including fines, license suspensions, and—in extreme cases—permanent license revocation.

Our state board regulations ensure that professionals and clients alike understand how and why we disinfect our tools between clients, what the standards for salon cleanliness are, what licensing documentation they should expect to see, and where that documentation should be posted in the salon. 

Our licensing requirements guarantee that professionals can—at a very minimum—respond to common first-aid situations (cuts, burns, falls) capably, mix and use state-approved disinfectants properly, and identify symptoms of communicable skin disorders. They also ensure that we understand and practice Universal Precautions. 

These regulations aren’t designed to necessarily serve us; they’re designed to protect the public, including the business owners who are legally liable for anything a service provider does in their facility.

I agree that experience isn’t worthless. However, just because you’ve been doing something for years doesn’t mean you’ve been doing it correctly or safely. Without professional training, you won’t learn that until you happen to make a very, very big mistake (like causing a pink-eye outbreak because you didn’t know not to reuse mascara wands). 

You don’t know what you don’t know.

State Board licensing standards and regulatory requirements are the methods by which our state legislators reassure the public and our employers that we should know what we’re doing—and that if we screw up, there are mechanisms in place to hold us professionally liable for it. The public shouldn’t have to rely on local courts to determine gross negligence when a framework can be provided that guarantees a professional who acts recklessly or carelessly will face professional consequences, like losing their ability to ever legally work in a salon again. These regulations provide protection against malpractice. They’re meant to strongly incentivize licensed professionals to play by the rules and take their obligations to their community seriously. You aren’t supposed to like them.

Instead of arguing that licenses shouldn’t exist, Jasmine should be fighting for the creation of smaller licenses for specialized professions. There’s no denying that makeup artistry is a separate profession from cosmetology. Makeup artists could go their entire careers without ever having to learn anything about mixing chemicals, using and disinfecting sharps, or applying hot wax to a client’s skin. These are things makeup artists don’t do.

Precedents for crafting smaller, more specific licenses already exist. Various states in the U.S. have introduced specialized licenses for services such as hair braiding and body wrapping, acknowledging that these professionals have different needs compared to full cosmetologists. This move towards specialized licenses recognizes the unique skills and training required for specific services, making it more accessible for professionals to enter the industry without undergoing extensive training irrelevant to their specialization.

Does a professional who plans to specialize in braiding need to spend 300 hours learning how to do manicures and pedicures? No. Because that isn’t part of their job. Why should a makeup artist be required to learn how to do hair and nails?

It’s tough being caught in the catch-22 of needing to work to pay for the licenses but needing the license to legally work. Instead of limiting herself to keeping her makeup business as a side-hustle, and risking legal repercussions if caught, she needs to think outside the box and find a legit way to get her needs met and her career on the best possible path.

If I were in Jasmine’s position, I would petition for alternative certification programs, advocate for specialized licensing, and collaborate with the board and other industry peers. It’s far past time for our industry to find innovative, accessible pathways to professional legitimacy that align with individual career goals and legal requirements. 

Take a deep breath. Now read this handy list.

Dress conservatively and professionally. No sandals. No jeans. No tank tops. No t-shirts. Dress like you’re going for an interview at a law firm or to a congressman’s funeral. This is not the time to make a fashion statement. Dressing sexy will win you no points here. If you chose to wear a skirt, make sure it’s no shorter than two inches above your knee.

Courts are weirdly formal places. Prepare yourself accordingly.

Keep your makeup minimal and natural. Don’t get crazy with that eye shadow. You want to be taken seriously, so don’t walk into the courtroom with you eyelids covered in rainbow glitter. Remember, you’re entering a place where people tend to care a whole lot about presentation and decorum. Some judges read a little too deeply into fashion choices and what they say about people.

Remove the metal from your face. If you normally wear facial piercings, take them out. They aren’t appropriate to wear to court. I cannot reiterate this enough times:

As stupid as it is, appearances matter. A lot.

Don’t wear a belt or complicated shoes. You will have to remove your shoes and walk through a metal detector before you can enter the courthouse. Make it easy on yourself by leaving your belts and metal accessories at home and wearing flats you can slip into and out of easily. Don’t create unnecessary stress. You’ll likely be a hot mess of nerves to begin with.

When it’s your turn to sit in front of the judge, follow these rules.

Don’t speak unless you’re spoken to. Never show emotion during your opponent’s testimony. You can be nervous, sad, and scared. You cannot be angry, loud, or disrespectful. Judges have zero patience or tolerance for belligerence.

Don’t roll your eyes, sigh, or draw attention to yourself.

Even if the other party lies through their teeth, keep your mouth shut and your attitude in check. Write down your objections and bring them up when it’s your turn to speak. Put on your best poker face and be patient.

Always address the judge with “Your Honor” or “Sir” or “Ma’am,” and never use slang or profanity. When you’re asked a question that requires a yes or no answer, always say “yes ma’am/sir/Your Honor” or “no ma’am/sir/Your Honor.” Never say, “yeah,” “nope,” or “I dunno.”

Don’t go in demanding justice. Do not bark orders at a judge or demand anything from them. Sure, your tax dollars pay their salary, but they don’t work for you. 

You’re at court to reach a peaceful, reasonable resolution, not to fight with your opponent.

Both of you believe you’re right. You can’t come to an agreement, so you are in court to ask the judge to come up with a fair solution based on the information and evidence that each of you collected. Approach it from that perspective–it’s not about winning or losing but having a neutral party evaluate each of your positions and make a decision for you.

You can think that your opponent’s actions were wrong. You can feel your opponent’s action were wrong. You don’t know they were wrong or not. The judge determines that. (Even if you really do know and you have fistfuls of statutes and evidence to support that argument, never go in with the arrogance of assurance.)

In small claims court, don’t be afraid to tell the judge that you’ve never been in court before and you may have questions during the proceedings. Small claims courts are generally pretty mellow. Nobody has attorneys and judges don’t expect you to be competent in court procedure. If you don’t understand what a judge asks of you or what they mean, politely ask for an explanation.

Keep your testimony brief and only testify to what you can prove. This is so, SO important. Do not pop off with a bunch of irrelevant, unverifiable testimony. If you cannot prove a claim, the judge will likely disregard it.

Bring evidence in triplicate. One for you, one for the judge, and one for your opponent.

A lot of professionals panic at the thought of going to court. Don’t be scared. The majority of the time, you’re going to end up in small claims, where the stakes are low and the process is pretty informal. You don’t need an attorney, the rules are relaxed, and if you’re the plaintiff, generally, the worst that can happen is that your case gets dismissed and you lose your filing fee. No biggie. In other proceedings, you’ll have an attorney representing you and doing all the heavy lifting, so relax and focus on controlling the one thing you can control—yourself.

Have you ever been to court? What for? Were you scared? What happened? Tell us about it in the comments!

Don’t shoot for the moon.

Do you have any idea how far away the moon is? Or how expensive it will be to get there? Just thinking about the work required makes the task of getting there seem overwhelming and impossible. (Plus, “shooting” towards a natural satellite sounds like it has the potential to end pretty painfully.)

Instead of focusing intently on a major, long-term goal, devote your full attention to accomplishing a significant shorter-term goal.

What do you plan to achieve in the long-term? Do you want a twenty-location empire and a mansion on the beach? Write it out in detail on a piece of paper.

What part of that dream can you reasonably accomplish in the next three years? Maybe you can open your first location, or expand your existing business into a new area? Maybe you could also start renovating parts of your home to prepare it for sale? Write those things down on another piece of paper.

Now, you’re holding two pieces of paper, right? Tuck the major “short-term” goal page into your planner. (I don’t care what you do with your “long-term” goals written on it. Some recommend putting it in a visible place, where you can see it every day. I’d recommend keeping it at the back of a planner or journal and only looking at it when you need to reassess your short-term goals.)

Your short-term goals should only include tasks that are reasonable and attainable within the next 36 months.

Three years away seems like a lifetime (especially given the way some of us have had our perception of time thoroughly thrown off as of late), but it passes much quicker when you’re working in eager pursuit of something that matters deeply to you.

Create a timeline.

For each goal on your short-term page, list every step you’ll need to take to accomplish them. If you want to establish that empire, you’ll need to do some market research and scout locations. Then, you’ll need to negotiate a lease. Then, you’ll need to get started on the build. If you want to get that house ready to sell, you’ll need to deal with that green shag carpeting in your living room…for starters.

Now, estimate how much time each of those tasks will take. For example, how long will you take to scout locations and decide on a home for your new business? How many months will it take to get the rose tile replaced with something a little more modern in your dated ass bathroom? Be reasonable in your assessments, especially if you’re relying on third parties (like accountants, attorneys, state licensing departments, or contractors) for anything.

Keep your personal responsibilities in mind, too.

Think hard about how many hours per day you can realistically dedicate to your tasks. You may find that you have to make some sacrifices or delegate certain tasks to free up more time.

For me, that task was managing my social campaigns for this blog. By automating those tasks through the use of a social calendar software, I was able to free up five hours per week. I also sacrificed non-essential social interaction, for the most part.

You’ll also need to recognize and eliminate time-sucking distractions. For example, I had to severely limit my involvement in professional networking groups to an hour or less per day. In April of 2018, I left Facebook entirely. When I finished my taxes in January of this year, I found that my income had doubled. (I am positive that was not a coincidence.)

Now, you should have a rough outline of what your next 36 months will look like. Transfer all those dates and tasks to your calendar. Once you’re done, they won’t be goals any more; they’ll be plans.

Focus and Execute

Plan to make slow and steady progress. Don’t allow yourself to get distracted by other projects or opportunities. For many of you, this will mean learning how to say “no” more often. Anything that distracts from your goals, regardless of what it is, will push back your timeline.

Most of us are visual people, so maybe it’ll help you to think of these distractions this way:

You’re at the bottom of the ocean and you really want to get to the surface, take a deep breath of fresh air, and see the sun. So, you make a plan to get to the surface and you start executing that plan.

You start to swim upwards but an octopus stops you. He says, “Hey, can you help me with this thing? It’s a great opportunity for you and will only require a few days/weeks of your time.”

The octopus straps a weight to your ankle that’ll keep you at his depth until the task is done. Meanwhile, you can’t really do a lot of swimming, so your goal of reaching the surface is postponed.

You finish the octopus’s assignment, remove the weight, and start swimming again. You’ve made it another twenty feet closer to the surface when a dolphin approaches you. “Hello!” he says. “I have a great opportunity for you. It will only require a few days/weeks of your time…” He holds out another weight for you to strap to your ankle.

Always ask, “What’s in this for me?”

You’re allowed to be selfish, shrewd, and cynical. You’re allowed to expect a tangible return on your time and effort, especially when you’re being asked to put your goals on hold by someone else who’d rather you spend your time in pursuit of theirs. Many “opportunities” I’m presented with aren’t actually opportunities that would ever benefit me—at least not enough to make up for the loss of time I could have spent on my own goals. Be willing to say no to anything that doesn’t move you closer to your destination. Remember, you’re on a schedule.

Outside projects, in addition to robbing you of your valuable time, will tire you out. The longer you postpone your own goals, the easier it gets to postpone them further. Go long enough without working on your goals and they’ll eventually start to look like unattainable pipe dreams. You’ll get frustrated and resentful and will may never resume your work towards that goal again.

The only thing worse for your progress than the interference of others is your inability to commit to a singular focus.

Sometimes, we’re the ones strapping weights to our own ankles. We can set ourselves back when we start twenty different projects and never actually complete anything.

A few of my consulting clients are like this: eager, driven, motivated, but ultimately they’re too impulsive. They haven’t opened their first location before they’re asking to tour empty units in neighboring towns as part of a sudden expansion plan that materialized on a whim.

In this scenario, you’re swimming to the top, but you can only really use one arm (most of the time), because your other arm and your legs are preoccupied managing your other projects. Try not to think too hard about how that would work from a logistical standpoint—it’s a mediocre analogy, the point is…

Successful, productive people commit and follow through.

Don’t sabotage yourself by spreading yourself too thin or set yourself up for disappointment by taking on far too much. Your timeline serves as a guide but also a reminder that big goals sometimes require big time investments. You might get there sooner, but if not, you shouldn’t feel discouraged. Keep checking off tasks one day at a time. As long as you’re moving forward, it doesn’t matter how fast (or slow) you’re going.

Self-Assess

The lists, calendars, and detailed plans go a long way to curb those impulsive behaviors, but daily self-assessment is an absolute necessity.

When you start your day, do the following:

Check your calendar. Ask yourself:

• Am I on track to hit my deadlines?
• What do I need to be focusing on today to ensure that I will stay on schedule?

Check your to-do list. Ask yourself:

• What can I fully complete today?
• What extraneous tasks can I outsource or postpone?

Hold yourself accountable. If you can’t, have someone else hold you accountable.

Once you accomplish one of your short-term goals, revisit your long-term goal. Ask yourself:

• Do I still want this, or have I found a new long-term goal?
• Have new opportunities presented themselves that could get me closer to achieving this goal or help me progress more efficiently?
• Can I add a new short-term goal now or should I buckle down and clear the ones I’m working on first?

I hope you found this approach helpful. Personally, I had a hard time following most popular goal-setting techniques. This strategy works for me, but I encourage you to also be flexible. When something isn’t working, try something new until you find something that works, and don’t get too discouraged when you experience delays or setbacks.

We can’t tell the future, but we should all be planning for a variety of potential outcomes, the most threatening of which is extended economic strife.

Thus far, the government has been wrong about basically everything. Expect them to also be wrong about how long we need to distance ourselves from others and how long our businesses will need to be closed for. I consider their “15-day” estimations to be absurdly optimistic (and so do a lot of people far more qualified than me), given that defiant, ignorant people exist in disproportionate numbers here. Our government doesn’t have the authority or the capacity to enforce national quarantines nor have they yet approved a plan to pay anxious Americans enough to stay home.

What worked in China likely will not work here, so it wouldn’t hurt for you to assume that COVID-19 and the economic consequences of the pandemic will persist for much longer than projected.

Plan for the worst.

I good at my job because I’m pragmatic. I consider unexpected outcomes and unintended consequences a lot of other people miss. I’m able to foresee certain conclusions because I am always asking myself a series of questions, like, “Which behaviors does this policy/practice reward and which does it discourage?” and “If this compensation system were a game, how would I break it?”

Right now, the most important question every one of you should be asking is this:

Three months from now, which steps will you regret not taking?

Base your answers on the worst possible circumstances. I’ll help you identify those, in case you haven’t yet:

• The virus continues to be a problem for the next year (at least), with salons ordered to close for weeks at a time as COVID-19 continues to infect the populace in waves.
• The moratorium on bills that people are now calling for never passes.
• The government provides relief, but it’s too little too late, and you aren’t eligible for it anyway.
• The economy is thrown into a depression that makes the 2008 recession look like a cakewalk.

Those are your worst possible circumstances at this very moment. If all four of these things remain true, what will you regret not doing right now?

Don’t be caught with your ass in the air. Get ahead now. Every day counts.

I’m a human person. What do I do?

Stop circulating in the public. If you must, start contact tracing. Write down the names of every person you come into contact with each day and where you were in contact with them.

If you think contact tracing is too much work, you are circulating too much.

These records are invaluable to healthcare workers and the CDC when someone gets sick because they can be used to quickly track down the person who infected you and notify everyone you’ve been in contact with since.

I’m a business owner. What do I do?

Close your salon, even if your local authority hasn’t ordered it. A responsible government would have taken a cautious approach from the beginning. We haven’t. Instead, we wasted critical weeks and continue even now to put people at risk by allowing too many of them to mingle freely while a novel virus we understand less than dick about spreads like wildfire.

Because we work so closely with the public, we present a massive public health threat right now. Stop being part of the problem. Close up shop until tests and masks are freely available, the danger of overwhelming our hospitals has passed, and contact tracing becomes the rule for everyone.

Those who are unwilling to make sacrifices now will continue to exacerbate the problem, causing it to continue indefinitely.

The fastest way for us to get back to work is to shut everything down until we’ve identified and isolated the ill.

When it comes to finances, start researching the relief programs that may be available to you. This tool made by Forbes can help.

Do not—I repeat—DO NOT apply for ANY loans or lines of credit out of desperation. Harsh truth time: Even if you manage to obtain a massive loan (which is unlikely AF now that lenders are getting nervous), your salon could still drown in the multi-year economic wake of coronavirus, leaving you destitute.

You should only accept debt when you’re confident it’ll result in growth, enabling you to pay it off, otherwise you’re performing a blood transfusion on a dead man.

Never forget that unjustified optimism brought us to where we are today. “One day, it’s like a miracle, it will disappear.” Remember that? Feels like a lifetime ago, right? Don’t make the same mistakes our government officials made when you hear them trying to convince you that the economy will “bounce back.” The best a realistic optimist can tell you right now is, “Nobody knows.” Anyone telling you anything else about how COVID-19 will affect the economy is putting your livelihood at risk.

As a consultant, I can’t in good conscience advise salon owners to gamble their future on a recovery that likely won’t come in time for their businesses. If you have to cut your losses, cut them quickly and seek reemployment. Retreat now and live to fight another day.

Are there any alternatives to closing up shop? Totally, but it will require revolutionary thinking and ideal pre-COVID financial circumstances. Owners who were once competitors will need to join forces, partner up, pool resources, and work together. If you’re determined to fight to the death, start reaching out to like-minded salon owners and professionals to form strategic alliances now because the saying, “There are more than enough clients for everyone,” won’t be true when we all finally emerge from our homes.

I’m an employee. What do I do?

If you were laid off (or are sitting at home uncompensated), try to take advantage of state resources like unemployment. Instead of watching the news all day, think of ways you can work and generate an income outside of the industry. If you have an opportunity to pursue any of those options, I would advise you to take them. Now.

Do not “take one for the team” and work in the salon for free unless you genuinely want to and can afford to volunteer.

If your employer has earned some goodwill from you, try to extend some grace to them. This is uncharted territory for all of us.

I’m an employer. What do I do?

Whatever you can. Hopefully, you took my advice and stockpiled a bunch of cash in an emergency fund and have enough to compensate your professionals for a few weeks (at the very least). If you can’t, you owe it to them to communicate that immediately and give them the opportunity to find other work and/or seek employment elsewhere.

You should also research the relief programs that may be available to you. This tool made by Forbes can help.

How will this impact the industry long-term? Should I find another career?

Let me preface this with the following: I hope like hell that I’m wrong.

As much as I’d like to lift your spirits during this crisis, I can’t.

The fact of the matter is that we—as a nation—very likely are not organized, disciplined, or selfless enough to “flatten the curve,” “slow the spread,” or “eradicate” COVID-19. We’re already seeing our efforts fall apart nearly every step of the way so far. Unless something miraculous happens, our businesses and our incomes will be in jeopardy for a long while and our clients will be hesitant to return even after their income starts to recover.

The last recession, I clung to this industry like a drowning woman clings to a life raft, hoping that if I just waited everything out, things would get better. I told myself that I had invested so much already, it would be foolish to quit. I said, “Everyone needs haircuts! We’re recession-proof! Any day now, we’ll be back to normal. If I leave the industry, I’ll be betraying myself because I love this job.”

Please, don’t do what I did.

If I had to do it all over again (and it looks like that might be the case), I’d have found a position in any industry that could compensate me steadily so I could routinely pay my bills. Instead, I worked part-time at two salons (three, during off-season), averaging 90 hours per week and going anywhere from one month to six weeks without a single day off, yet no amount of hard work could close the gap between my pre-recession expenses and my post-recession income. I gave up my house and sold what I could. I lived for years without cable, internet, or a cell phone, cutting coupons and relying on sales to put food on the table.

I realized too late how nonessential our services are.
I didn’t have a backup plan.
I leaned in when I should have been dipping the fuck out…at least temporarily.

Back then, I rarely had more than $400 in my bank account. Sure, I survived, but it was stressful and I cried a lot. I was fortunate to have a job at all, let alone three. My managerial qualifications were likely the only reason I didn’t end up indefinitely unemployed like so many of my colleagues.

If you’re barely scraping by right now or are new to the industry and haven’t built your following, it’s okay to cut ties with for now, especially if you aren’t properly classified or legally compensated. In fact, if either or both are the case, I would urge you to start researching new jobs ASAP. Don’t waste time waiting and hoping, like I did. Weeks quickly stretch into months, and months into years. The longer you wait, the easier it is to justify waiting even more. (Our brains are real bastards.)

Not a single one of us owes our loyalty to this industry. There’s nothing noble or honorable about going down with the ship during a global crisis. Do what is best for you and your family. Pay your bills. Feed your kids. Come back when you can afford to. A lot of salons will be forced to close, but our services will always be needed in our communities.

As for the future, I expect, at the very least, we’ll be repeating the past. Because the 2008 financial crisis traumatized me for life, it’s still very fresh in my mind.

Here’s what happened:

• Clients were laid off and quit coming to salons.
• Salon owners slashed prices, engaging in price wars with local competitors that continued to drive down prices.
• DIY products and video tutorials proliferated the market.
• Professionals whose commissions constituted a large part of their wages quit to find employment elsewhere.
• A large chunk of salon owners couldn’t cut costs or increase productivity to the levels necessary to compete with other salons or retail alternatives and were forced to close.
• Beauty schools saw critical declines in enrollment levels, which caused many to cut programs or to close entirely.
• Finding qualified employees became exceptionally difficult as people fled the industry and schools became less accessible. Salon owners also couldn’t afford to compensate professionals competitively at the absurdly low price points cash-strapped consumers demanded, making a difficult situation outright impossible.
• The industry’s plague of labor abuses became even more commonplace, fragmenting our industry into a legion of microsalon owners who would rather work for themselves than be exploited, crushing the already ailing employment-based salon model. The increase in these abuses provoked me to start blogging about them in 2010.
• Lacking the distribution provided by employment-based salons, salon-exclusive brands turned to retail outlets to move product. As we were already beginning to see our clients choose to buy from online retailers, this punch proved to be the final blow for many salon owners who relied on those retail sales to subsidize the salon.
• Legislators pushed to deregulate our industry. (But that’s nothing new.)
• A bunch of salon owners and professionals remained in denial about their economic reality for far too long, wasting valuable time “doing business as usual” when they should have been rapidly evolving in an effort to compete or dropping out entirely.

Nobody can say for sure how things will shake out, but I’m operating on the assumption that we’re facing a big hit that will impact us for a long while.

What I’m Doing

It became clear to me that COVID-19 was going to be a serious problem the first week of March. My family has been inside since. I never thought I’d be glad to be born and raised in the armpit that is the state of Florida but growing up in a place where state-wide emergencies are routine prepared me for this well (as did being nearly bankrupted during the recession). We have a bidet and cloth diapers, so my family of seven won’t exacerbate the inevitable toilet paper and diaper shortages. We’ve started a large vegetable garden to help curb our grocery needs. Thankfully, I eliminated my debts and saved aggressively over the last decade, so I can afford to expand my skill set by earning a nanodegree in full stack development online—just in case I have to change careers. I started the course a few days after we voluntarily quarantined ourselves. Both the immediate and long-term future are virtual so that’s where I’m focusing my attention.

I encourage you to also start thinking about your future and coming up with contingency plans, at the very least.

Honestly, over the last month, I’ve been a mess. I’ve been overwhelmed by the horror stories from professionals and owners that I’ve formed relationships with over the last decade. A lot of my consulting clients have only just recovered from the last recession and were finally building wealth. Nearly all are women with children to support. The thought of them losing everything they worked so hard for feels like a punch to the chest.

They busted their asses. They poured everything into their dreams. They deserved much better.

You all deserve better. That’s why I won’t lie and tell you it’ll all work itself out. That attitude ruined a lot of people for a lot longer than it should have fifteen years ago. If you currently know or suspect, based on your current financial situation, that you or your salon won’t make it—get out early.
Please.

WHAT DID YOU SAY?! Why aren’t you telling people not to panic?!

Because you should panic. While the media focuses largely on medical supply shortages and dehumanizes and diminishes the victims by constantly referring to “the numbers” (because god forbid we call them “people”), thousands of workers are losing their jobs, to the point that the White House is asking states not to release their unemployment statistics for fear of causing more market chaos. Businesses are already shuttering with no plans to reopen. Every day we go without aid to the people, their debts (and ours) accumulate. Meanwhile, the only option for business owners is to take out loans—if they can find and qualify for them.

If you’re holding out hope that the government will sort it all for us with bold, decisive action—stop. Thus far, they’ve done nothing to earn that trust from you.

What they have done a whole lot of is lying. That’s not even just my opinion. That’s a verifiable fact. Now, the same people who told you COVID-19 was a hoax are in charge of “saving” the economy. Call me cynical, but I wouldn’t be so quick to put my confidence in a positive outcome.

Panic, but channel that energy into something meaningful and productive.

I am where I am professionally because I tell the truth, regardless of how unpopular it could make me. I’m trusted because I genuinely care about the welfare of the people who work in this industry and want nothing more than to see us all thrive. I take my responsibility to all of you very seriously, which is why I’m here forcing everyone to acknowledge what no one wants to admit. I can’t advise anyone to sacrifice themselves on the altar of industry loyalty.

The facts are clear: the vast majority of beauty workers and salon owners will not survive this economic downturn.

I don’t want to hear a bunch of bitching in the comments. Don’t tell me it’s “too early.” I brought receipts. And don’t you dare tell me I’m being “negative.” This system has broken in ways we, as an industry, cannot fix. We have no control over any of this. Now is not the time to “stay positive.” Now is not the time to “wait and see.”

Now is the time to set our emotions aside, get proactive, and take our own bold, decisive actions to save ourselves and our families. We can mourn every single one of our countless losses later.

When I sat down to write this article, I wanted to be positive. I really did. The idea of publishing it has kept me up at night and I’m not sure how long it’ll be before I can stomach sharing it on the site’s social media accounts. The last thing I wanted was to kick at you while you’re down. I’m sorry, but where our industry is concerned, there’s little to be positive about.

Things don’t just look bleak, they look downright abysmal, and when your savings is dwindling and the bills are piling up with no resolution in sight, you don’t have the time to waste praying for a miracle. Brace yourselves.

No amount of motivational platitudes or positive thinking will alter the fabric of our new economic reality.

We’re facing an unprecedented stop in economic activity. If you’re a “ride or die” professional, great. Only you know what’s best for you, but keep your sunshiny, sugar-coated bullshit to yourself. While you try to will the economy into submission with the sheer force of your happy thoughts the rest of us will be facing a broken, traumatized populace that won’t be able to afford the luxury of our services for a long time and probably won’t be comfortable being in such close proximity to others when they finally can. If you aren’t taking this seriously by now, you aren’t paying attention.

I care about this industry but I care about people more. Many of you will have to make tough, agonizing decisions. A lot of you will have to leave. If you do, don’t worry—the industry isn’t going anywhere. It will be here when you get back.

If you feel like the new kid at school, that’s because you are. You can try to convince yourself you’re not in high school and that you’re surrounded by other grown adults, but the salon environment isn’t your typical office and it’s likely that more than a few of your coworkers are creative personality types.

Are salons drama-filled workplaces? That depends highly on the management.

In a well-managed salon, drama tends to be minimal, with most of it coming from without (clients) rather than within (coworkers). In a poorly managed—or completely unmanaged—salon, bad behaviors often go unpunished. Creating an environment where employees are permitted to reap the rewards of their bad behavior obviously ensures that those behaviors will continue, but it also virtually guarantees that employees—who otherwise wouldn’t need to seek retribution (thanks to management intervention)—certainly will. Every professional I know has worked in at least one miserable salon, spending their days with their ears open, mouths shut, and neck-hairs on end, monitoring the climate minute-by-minute and hoping everyone would just stay cool.

Thankfully, times have changed since the 90’s and early 2000’s. Now, those salons tend to be the exception rather than the rule, so the odds of you ending up in one of those pre-Glassdoor, pre-Twitter hellscapes aren’t high.

You’ll never experience much drama at all in a salon where everyone respects one another, regardless of management.

Make the first move. Introduce yourself to your coworkers at the first appropriate opportunity. It’s normal to feel anxious and uncomfortable when meeting someone new but if you don’t suck it up and follow through, the entire vibe can get real awkward real fast.

Don’t make it weird. Acknowledge people with a greeting when they make eye contact with you. Say hello and introduce yourself if it seems like an appropriate time to do so.

Observe and ask questions. Does the owner prefer for colorists to work with small batches? How is backbar inventory tracked? What washer and dryer settings do you use for towels and linens? Do you immediately dispose of trash bags containing chemicals or wait until the can is full? Where are the garbage can liners and paper towels kept?

Pay attention, newbie. Watching what others are doing when you’re not busy will provide answers to questions you haven’t thought to ask.

Should you have a question, seek answers rather than making assumptions. You may not think twice about tossing the cardboard packaging around a tube of color but if your salon owner uses box tops to replenish backbar, you’ve just messed up her system and compromised the salon’s inventory balance.

Don’t say too much. During your first week or so, listen more than you speak. Get to know more about the people you’re working with. Let them tell you and show you who they are so you know what to expect from them and how to interact with them.

I’ve found that it’s easier to create and maintain relationships with others when you’ve spent enough time learning who they are before showing them too much about who you are. As a rule, I tend to share only necessary information about myself—keeping my opinions to myself and my private life as private as possible. In an effort to establish a connection and bond quickly with coworkers, some professionals make the mistake of oversharing. At best, this is a high-risk strategy. While a well-timed, well-targeted overshare might be just the thing to break a barrier and make a friend or two, you’re far more likely to embarrass yourself. Instead, play it safe.

When you do speak, be sure to think carefully first to keep from being misunderstood—especially if you’re feeling anxious. You’re not being timed or graded. You don’t have to have an immediate answer or response to everything. It’s okay to consider for a few seconds. You could also say, “I’m not really sure what to say about that,” or “I’m going to have to think about how to respond first.”

Nothing annoys me more than when I impulsively say the right thing the wrong way and have to backtrack to explain what I originally meant.

As a writer I may be more conscientious of this than other people, but I think we can all agree that the words we use and the order we use them in matters. It’s worth it to take the time to consider the messages we’re sending, especially during the early days of a new job when your coworkers don’t know enough about you to instinctively know what you mean when you do misspeak. Clear communication is critical (at least for now).

Don’t participate in or react to gossip. Remember when I said “it’s unlikely anyone will give you an orientation?” Notice that I didn’t use the word “impossible.”

One or more of your new coworkers may take it upon themselves to catch you up on the salon’s drama.

You should tell this coworker you’d rather not hear about it, but for most people that can be really difficult to do on the first day or week at a new salon. If you don’t have the intestinal fortitude to tell that gossipy coworker, “Thanks, but no thanks,” remember the following:

• Their version of events may be biased and/or entirely uninformed,
• The coworker you’re talking to is for sure one of the—if not the—problematic employee in the salon. You should probably consider distancing yourself from them ASAP. (Come at me in the comments, haters. I stand by it.)
• Body language is still language.

Your reaction is an opinion.

You might not speak a single word but your raised eyebrows, smirks, and eyerolls communicate a lot. If you’re going to listen, prepare to do so as a blank slate or risk having your facial expressions creatively interpreted by a coworker who—for some reason—felt it appropriate, acceptable, and somehow helpful to dump a bunch of sordid backstory on a new employee.

Don’t bring offensive foods for lunch. I’m not sure why people still need to be told this but nobody wants to spend 1-2 days smelling the stink of your microwaved salmon. If your meal comes with a stench, eat it at home.

Focus on work and be a team player. Build goodwill by doing your job. When you’re not working on a client, look for opportunities to help your coworkers. Sweep hair you didn’t cut, pick up damp towels you didn’t use, wash color bowls you didn’t dirty, set up a treatment room for a service you won’t perform.

Teamwork constitutes a big part of a salon professional’s job.

Be yourself. I saved what arguably constitutes the most critical tip for last. Some professionals feel pressured (or just tempted) to behave unnaturally when they start a new job. Maybe they want to seem more laid back than they normally are, so they set up others’ expectations inaccurately by pretending to be cool with things that secretly drive them insane.

For example, If you’re the kind of person who doesn’t normally share tools, don’t be loaning out your flat iron on Day 1 and your blow drier on Day 2 or you’ll set a precedent that will have you flipping your lid on Day 8.

It’s too hard to force yourself to pretend to be someone you aren’t, especially for long periods of time. During those first few weeks at a new job you’ll be learning a lot about your coworkers, but they’ll be learning about you too. It’s in everyone’s best interest if you make sure they’re seeing your real self and not a character you play while you’re on-the-clock.

Remember, your relationships with your coworkers will strengthen over time, so don’t force things. Be cordial, do your job, and allow yourself to settle into place naturally. Before long, your newness will fade and you’ll be part of the team.

First, it’s important to acknowledge that there’s a difference between being personable and getting personal. Contrary to popular belief, you can be a popular, friendly professional without becoming overly familiar with clients. Relationships with clients should form naturally, but many professionals are taught (often in beauty school) to manipulate clients into a manufactured “connection” for the purpose of gaining their loyalty and earning higher tips. Those who promote this strategy encourage professionals to ask clients personal questions and to share their own. They’re told to document personal client information (like their children’s birthdays) so they can recall this information later to make it seem as if they’ve been thoughtful enough to remember it.

This manipulative tactic is amateurish, outdated, ineffective, and can be outright creepy.

Additionally, inviting clients to dump their drama on you has the potential to set a precedent that will result in you becoming the sounding board for every grievance every one of your clients has ever had. Can you imagine how miserable your workday could become? I’ve personally seen this happen to coworkers whose clients treated them like a substitute therapist.

Connect with your clients through education and accommodation.

Ideally, you’ll establish yourself as a true professional from the client’s first visit. How?

• Greet them by name with a handshake—not with hugs.
• Do not use pet names like “honey,” “sweetheart,” or “dear.” (They’re infantilizing and gross.)
• Consult thoroughly, keeping the conversation focused on the service as much as possible.
• Be kind, courteous, and friendly, but respond to probing behavior with redirections and clear dismissals.

Most professionals don’t have a hard time avoiding inappropriate physical contact or pet names. Many tend to get tripped up on redirections and dismissals.

It can be difficult to navigate those interactions in an industry that often confuses the acceptance of abusive behavior with “great customer service.”

To clarify—I am not saying that clients who ask innocuous personal questions are abusive. I am saying that as professionals, we’re often expected to allow clients to boundary-stomp in a variety of ways (disrespecting our time, sexualizing us, and bullying us when it benefits them). That expectation creates a culture where professionals stop asserting themselves in situations where they absolutely must, even in low-stakes situations like those where a nosy, gossip-hungry client simply needs to be redirected.

Innocuous small talk or gossip-mining?

“So, are you married or do you have a boyfriend? I’m sorry, I assumed you were straight. Are you not?”
“Do you have kids? How old are they? What school do they go to?”
“What does your partner do for a living?”

Clients have asked me these questions, or some version of them, more times than I could possibly count—and they still do. You’re probably sitting there thinking, “What’s the big deal? They’re harmless questions! Small talk is a normal part of socializing!” (And to you I say, “Have you met me?! Hello. I’m Tina Alberino, overthinker and overanalyzer extraordinaire.”)

Are these questions really harmless? What motivation could a client have for asking them? Is it necessary for them to know my marital status or sexual orientation? Do my kids have anything to do with their service? How is my partner’s career relevant to anything?

I’m sure plenty of people ask these questions politely to feign interest and attempt to ease the awkwardness that can accompany being within such close proximity to someone relatively unfamiliar for such long periods of time, but—if you’ve been in this industry for longer than a minute—you know that’s not always the case.

A segment of your clientele will be made up of judgmental ass Judys.

Judgmental Judys live for salon gossip and to spit their opinions all over you while you serve as their captive audience for the duration of their appointment. They get their foot in the door with one of those seemingly harmless questions that most people never think twice about, but instead of nodding politely and muttering, “That’s nice,” before returning her gaze to her phone or magazine, she’ll follow up with a more invasive question, or start in on you with the advice.

“You’re recently divorced? What happened there?”
“You don’t have kids? Why not? Don’t you want children? You aren’t going to be young forever, you know.”
“Your wife is an artist? So, you must be the breadwinner of the household then.”

See how that happens? Just like that, Judy has got you defending and explaining yourself. No matter how much money you make, you aren’t getting paid enough to tolerate that.

Let’s agree right now that you’re entitled to a private life—and a workday free of judgment and unsolicited advice from your coworkers and the random people patronizing your workplace.

(Let’s also agree that your coworkers are entitled to a work environment where they aren’t forced to listen to you tell the same personal story twenty times a day for weeks on end.)

I’ve always felt that my personal life has no place at work. The majority of people who ask don’t care and are only inquiring because they feel socially obligated to, and a good deal of the others are merely seeking entertainment. Their motivations for asking are entirely irrelevant though, because their appointment time isn’t about us—it’s about them and ensuring their service experience and service outcome are exactly what they expected.

So, with that in mind, how do we keep the appointment focused on the client?

How do I respond when clients ask me a personal question I’m not comfortable answering?

Step 1: Deflect

Keep it simple. Wave off the question then slide into Step 2 the way your ex nonchalantly tries to slide into your DMs.

“Thanks for asking, but I don’t want to talk about me. This is your time to unwind, relax, and enjoy your treatment.”

Step 2: Redirect

From here, redirect in the way that best fits the situation.

“Can I get you anything?”
“Is the water temperature okay?”
“Is there anything you want me to know about your hair/skin/nails before we get started?”
“This product/technique I’m about to use is…”

How do I respond to a client who continues prying into my personal life?

Step 3: Reject

Attempt to deflect and redirect again, this time a little more insistently. If that fails, you need to make it clear that you’re rejecting the intrusion.

“Thanks for asking, but as a rule, I don’t talk about my personal life at work.”

The only clients who require Step 3 are the most judgy-est of Judys. Shut it down with a smile.

How do I establish boundaries with clients after I allowed them access to my personal life?

Fortunately, establishing boundaries with existing clients who have become accustomed to hearing all about your business isn’t as difficult as putting toothpaste back into the tube.

Step 1: Apologize.

You screwed up. You really, really did. Say so.

“I’ve been assessing myself lately and have realized that I made some regrettable mistakes. It was unprofessional and inappropriate to share so much of my personal life with you the way that I have.”

Step 2: Promise.

“In the future, I’m going to be more respectful of your appointment time, focusing on you and the quality of your salon experience.”

Step 3: Reclaim.

Undoubtably, a handful of clients you have this talk with will be those you’ve established rapport with who might feel as if the apology and change in your behavior isn’t at all necessary. (A decent chunk of those will be objecting because they feel obligated to.)

Should a client insist that you’ve done nothing wrong and/or don’t need to change on their behalf, reply with a reclamation of your privacy wrapped in a reiteration of the apology.

“It’s nice to know you care, but it can be easy for people in my profession to forget that our clients are not our friends or therapists—no matter how much we like them personally. At times, we can over-share, distracting the client from the service they’re paying for, robbing them of their relaxation time, and inviting them into our personal lives without necessarily intending to. Now that I recognize that I made these mistakes, I won’t be making them in the future.”

While it’s easy to establish your boundaries from the first visit, it can often be easier to communicate with existing clients. In general, people are far more understanding than we tend to assume they’ll be.

When you’re fully booked, an absence can throw your entire operation out of whack. This article will help you prepare and provide you with helpful templates and scripts, so you can slide through any expected or unexpected absence (whether short-term or long-term) unscathed.

Salon owners, we’ll address your solutions first.

Salon Owners

Understand the Law

You knew we were going to have to go here first, right? Understanding the law gives you a clear idea of how much time off a professional is entitled to and for what reasons.

Employees have certain rights when it comes to taking extended leave. (If you read Salon Ownership and Management, you can probably skip this part. If you haven’t, read on.)

The Family Medical Leave Act has different coverage criteria. As a private-sector employer who owns a salon business, the FMLA will only apply to you if you have 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Employees are only eligible when they work for a covered employer for at least twelve months (accumulating at least 1,250 hours of service for that employer during that period) and at a location where the employer has at least 50 employees within 75 miles. The twelve months of service do not have to be consecutive.

Employees of covered employers may be eligible for up to twelve workweeks of unpaid leave in a 12-month period for one of more of the following reasons:

• The birth of a child or placement of an adopted or foster child;
• To care for a spouse or immediate family member who has a serious health condition;
• To recover from a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
• For any qualifying exigency arising out of the fact that a spouse or immediate family member is a military member on covered active duty or call to covered active duty status.

Employees must request leave following their employer’s usual and customary requirements for requesting leave and must provide enough information for their employer to determine whether the FMLA may apply to the leave request.

Renters do not have any basis to claim leave under the FMLA. They’re self-employed tenants and must abide the terms of their lease agreement. It’s up to the landlord whether to allow them to suspend their lease without consequence or to hold them to it.

Cross-Train and Empower Your Employees

The first salon I worked in required every licensed cosmetologist to be cross-trained and to routinely rotate between departments. This strategy ensured every professional could competently perform every service on our menu. When two employees left on the same day to open their own salon, this approach paid off immensely (for obvious reasons).

Get your employees accustomed to playing more than one role.

Qualified professionals should be trained to perform every service their license empowers them to perform. This allows people to step in and pick up the pieces whenever one of your employees quits or must be absent.

Additionally, cross-training can help prevent extended absences from happening in the first place. For instance, a stylist with a sprained ankle or lower back injury that makes it painful to stand can still perform sit-down services like facials or manicures.

Cross-Train Yourself

One of the first things I tell aspiring salon owners to do is to obtain their professional license. Not only does this ensure they’ll be qualified to provide hands-on training and properly evaluate the technical performance of their employees, it guarantees at least one extra set of professional hands if the salon requires them.

You owe it to your business to have a professional license.

A salon owner without a license will find themselves dependent on their professionals, creating a situation where their employees have the leverage to essentially hold the owner hostage. More than that, an owner who lacks a license will be utterly powerless to handle an unexpected employee absence or mutiny. With a license, handling a last-minute employee illness will be as simple as taking over that employee’s appointments until they recover. No biggie.

Get Meticulous About Your Scheduling

You don’t have to be a psychic to see the future—or plan for potential outcomes before they come to pass.

You likely know when your busy periods are, and if you don’t then I’ll be happy to provide some insight. There are no hard and fast rules, but generally, you can expect a spike in walk-ins and bookings during the following times:

• The two weeks before major holidays,
• Late-April through May, and
• Whenever it is least convenient.

You can count on employee absences and departures during the following times:

• Fall/Winter (Flu Season),
• November-January (“F*#k this job” season),
• June-August (“My kid is out of school and you don’t pay me enough to cover outrageously expensive daycare costs” season).

It’s always better to be under-staffed than over-staffed, but ideally, you’ll have an employee whose book contains a bit of breathing room and a part-timer or two whose schedule can be expanded when circumstances necessitate it.

Solo Professionals

I’m not going to candy coat this for you, microsalon owners: you guys have it really rough when it comes to absences. Preparing in advance would benefit you tremendously, so let’s talk about how you can do that, starting today.

Utilize the Buddy System

If you don’t have any trusted friends in the industry in your local area, make some immediately. Ideally, your “buddy” will be someone who works in the same facility you do, but if you have to choose between a person whose skills are on-par with yours and someone who’s convenient, you’re better off going with the skilled professional.

You and your buddy (or buddies) will agree to accommodating each other’s clients when necessary.

Everyone involved should understand the risk inherent with this system. Remember, clients have the right to choose their professional. Every time your client sits in another professional’s chair, you run the risk of losing that client. However, your buddies should be trustworthy professionals who aren’t likely to actively poach your clients from you. Should your client choose to stay with them, you should feel confident that the client made that decision on their own, not due to your buddy’s powers of persuasion.

You can learn more about how the buddy system works by reading this post.

Have a Backup Assistant on Standby

Whether your absence is foreseen or unforeseen, you should have an assistant on standby to help efficiently handle the inevitable client overflow. You’ll need those extra hands when you’re working 12-hour days for a week straight (before the foreseen absence and after the unforeseen absence) to make up for missed appointments.

Be Ready for BS

I don’t know about you, but when I was on my own, some of my clients would catch an attitude when I had the nerve to take off work. It didn’t matter if I was taking a much-needed vacation or recovering from the birth of one of my children—I could count on whining, begging, bargaining, and a handful of guilt trips.

You are allowed to take care of you.

Some of these clients do these things to express their fondness of you without realizing how anxiety-inducing it can be for those of us who work in the service industry. Don’t feel obligated to accommodate the client who “simply must” get in while you’re out.

Your clients come first when you’re willing and capable of working. when you’re neither of those things, you come first.

Don’t allow clients to make you feel indentured to them. You’re a professional and a solo business owner; you are not their servant.

The following scripts should keep pushy client behaviors to a minimum, but if they start pushing you too hard, don’t be afraid to draw a hard line. Plan out how you’ll respond in advance. You don’t have an employer to step in on your behalf, so you must establish and enforce your own boundaries. The last thing you need to be worried about when you’re recovering (or chilling on a beach in Mexico) is Becky’s meltdown over her weekly blowout.

Scripts & Templates

These notifications can be used over the phone, in person, or via email or social media, whether you’re a salon owner, employee, or microsalon owner.

Foreseen Extended Absence

I will be on leave from [DATE] until [DATE]. In the interim, I recommend booking your appointments with [NAME]. While every professional here has the qualifications and training to perform exceptional services, [NAME] has specialized in [SERVICE/TECHNIQUE] for [X] years. I’ll introduce you before you leave today, if you’d like.

Foreseen Temporary Absence

For the next [X] days/weeks, I will be away. We’ll schedule your next appointment right before I depart. If that’s not possible or if you need to come in while I’m gone, I recommend booking your appointments with [NAME]. While every professional here has the qualifications and training to perform exceptional services, [NAME] has specialized in [SERVICE/TECHNIQUE] for [X] years. I’ll introduce you before you leave today, if you’d like.

Unforeseen Extended Absence

Use this script when calling clients to inform them of an unforeseen extended absence. Typically, the salon owner would be making these calls. If you’re a microsalon owner, however, you may want to entrust a friend or family member with the task.

Unfortunately, [NAME/I] will be absent from work for the next few [WEEKS/MONTHS] [and your appointment will need to be rescheduled]. Please consider booking your appointment with [PROFESSIONAL]. [Provide contact info.] [NAME/I] will keep you updated and informed [VIA EMAIL/TEXT/SOCIAL] so you’re among the first to know when [NAME/I] will be available again.

Unforeseen Temporary Absence

Unfortunately, [NAME/I] will be absent from work from [DATE] to [DATE] [and your appointment will need to be rescheduled]. We can schedule your next visit for [DATE], but if that’s too far out, I recommend booking your appointment with [PROFESSIONAL] [Provide contact info.]

Should I disclose the reason for an absence?

Employers should never disclose the reason for an employee absence unless the employee grants permission, especially if that absence is due to a sensitive personal or medical issue. It’s one thing to give the client a vague reason—it’s another to tell them the intimate details of an employee life.

Use your judgment.

“She’s out sick today.” = Okay.
“She’s been struggling with depression since her cheating husband left her.” = NOT okay.

Microsalon owners should determine for themselves whether it’s appropriate or wise to disclose the reason for an absence. When in doubt, remember that you’re much better off keeping your personal life  personal.

As industry professionals, it’s important to remember what clients are actually owed.

Clients are not owed a detailed explanation for an absence, nor are they owed access to our personal lives. They are owed timely notice and gracious accommodation. They are also owed a clear understanding of what it means to be a customer of an in-demand, fully-booked professional whose schedule doesn’t contain much (if any) flexibility. They’ll need to be told that missed appointments are incredibly difficult–if not impossible–to make up. This can result in situations where the client may end up waiting weeks or months to be seen again if they’re unwilling to accept service from another professional.

Do your best to provide those things the clients are actually owed, and don’t feel obligated to sacrifice more of yourself than is necessary or appropriate. We are human people with needs and lives outside of the salon. Anyone who doesn’t understand that or can’t respect it isn’t worth losing sleep over.

Perform an honest self-evaluation.

I’m going to be extremely real for a second here—as a career salon manager who transitioned into salon ownership, I am sick to death of professionals requesting (and sometimes outright demanding) unjustified wage increases.

Do not waste your employer’s time.

Before arranging a meeting to discuss a raise, perform a self-evaluation. Sit down in a quiet room with a pen and a piece of paper. Pretend you’re acting as your own manager and asses your job performance critically.

• Are you reliable and prompt?
• What is your client retention rate?
• Are you personally responsible for attracting new clients to the salon, either through referrals, word-of-mouth advertising, or social media?
• When you are not serving a client, are you keeping busy and act as a team player?
• Are you showing initiative, doing chores and other tasks without being asked?
• How are your technical skills and service outcomes?

I can’t express to you how important this step is. Nothing frustrates managers more than an employee who asks for more money but can’t back up their request with legitimate reasoning, especially if that employee’s performance doesn’t actually justify a wage increase. Furthermore, your manager may not be aware of how hard you work and may need to be told (or reminded) of all that you do, so make it clear that you’re doing more than simply extending your hand out for more money.

Ensure your math and reasoning makes sense.

Once you’ve established that you can make a strong argument for a raise, think about what that raise should look like. Don’t lob the ball into the employer’s court and force them to guess at your wants or needs. Have at least one proposal ready, then negotiate from there.

In wage negotiations, you should not be throwing numbers at the wall to see what sticks.

Salon professionals typically have three options:

• Base wage increase: Your hourly wages are increased, resulting in a guaranteed income boost.
• Commission increase: Your commission percentage is increased, granting you a larger bonus when sales are made and/or performance goals are met. (This is the most expensive type of wage increase for the business, so have modest expectations.)
• Price increase: Your service prices are increased, making your performance goals easier to accomplish. In performance-based salons, price increases make it easier for professionals to hit their goals and attain conditional sales bonuses.

To determine which method might be best for you, consider your salon, your preferences, and your work style. If you aren’t booked enough to benefit from a commission or price increase but contribute significantly to the salon’s operations in your downtime, a base wage increase would be easiest to justify and most beneficial. If you’re efficient and can be reasonably certain that you’re going to remain so, a commission and/or price increase might make more sense for you.

However, before you approach your employer about raising your wages, consider your request from their standpoint. To have the best chance of success, you may have to do a little rough math and thoroughly evaluate the strength of your bargaining position. I could type up two or three boring paragraphs to illustrate my point, but I’ve found that people learn better through stories, so here you go:

A few years ago, an employee at our Venice location sought a raise. She didn’t ask. She didn’t call for a meeting to have a rational discussion. Instead, she guilt-tripped my mother relentlessly, spouting a series of sob stories intended to provoke pity. My mom is no dummy, but she pretended to be, refusing to allow this employee to bait her into giving her an undeserved wage increase.

This employee had been trying to exert control over the salon and subvert my authority from the day she started. In the short time she worked for us, she:

• tried to convince my mother that our compensation structure wasn’t “realistic” and that she should misclassify the workers and pay them commission, (“Don’t worry,” she said, “I won’t tell Tina or report you.”)
• argued that we needed to invest in her preferred product line,
• claimed our protocol execution times were unattainable, even though my mother and myself both complete services well within the set time frames,
• left early routinely, and
• expected pay on days she chose to take off.

To top it off, this woman (who apparently thought she was a super slick manipulator) periodically tried to pit my mom and I against each other by relaying false information and trying to stir up conflict.

To put it plainly, this employee was cut from cloth I am all too familiar with.

When she finally came out and demanded more pay, Mom said to her, “You’re going to have to talk to Tina about it, but what do you think would be fair?”

“$14 an hour plus 65% commission,” the employee said. “I used to be a salon owner and I paid my girls like that, so I know we can afford it.”

Before you place judgement on that request, understand that our Venice location is a small shop in a very small snowbird town where the average age is 68 and nearly all of our clients are on a fixed income. Our prices are here.

…are you done laughing yet?

For those of you who don’t want to do the math, this employee requested the raise using numbers she very obviously pulled out of thin air. Our most popular service was priced at $45 and was designed to take an hour. The employee’s base wage of $14 plus 65% ($29.25) would have left the salon with $1.75 to cover expenses. We’re not even accounting for the cost of her employment taxes, but even if we assume I somehow wanted to destroy my career and run the risk of coming up against the IRS and DOL by misclassifying this employee intentionally, that amount barely covers the cost of our products and disposables used in that service, let alone the operational expenses accrued during that hour.

But wait, it gets better.

Our most popular service was designed to take an hour, but this talkative employee couldn’t finish this service in less than 90 minutes if her life depended on it. Realistically, her labor alone for that service would have cost us $50.25, resulting in a total loss.

Do you have any idea how hard it was to keep from laughing when we had to explain this to her? Instead of accepting the math, the employee tried to argue that “everything equals out in the end.” My mom, finally reaching the end of her patience, couldn’t help but point out, “Maybe you’re a former salon owner for a reason.”

The employee proved that she didn’t put any real thought into her request and hadn’t planned on being asked to justify it. When confronted her with her subpar performance reports, her absences, her tardiness, her failure to execute services within the protocol times, and the client complaints, she had nothing to counter our assessment of her performance.

Furthermore, the employee didn’t have a strong bargaining position to begin with. She knew we were the only salon in our area guaranteeing a paycheck and withholding and remitting employment taxes. She knew we were the only salon offering paid vacation time. She knew we were the only salon in town that shut down for an hour every day for lunch and didn’t take appointments on weekends.

Frankly, she knew she extremely unlikely to find better pay or working conditions anywhere in town.

If she had a strong argument to support her request, her bargaining position wouldn’t have mattered, nor would I have been bothered by her nonexistent math skills. If she had put conscious thought into an arrangement that made sense for her and the salon and even a handful of valid reasons to support a wage increase, she probably would have received it (albeit a modest one). Instead, she failed on all three fronts. If this employee hadn’t quit soon after, we likely would have fired her the second an opportunity presented itself, as that entire episode served no purpose except to—there’s no better way to put this—show us her WHOLE ass.

Consider this a cautionary tale. Don’t show your ass.

Ask yourself:

• What does the job landscape look like in your area?
• Can you do better elsewhere?
• Are you well-prepared to handle criticism?
• Do you truly deserve to be paid more?

Prepare your talking points.

Once you’ve evaluated yourself, determined what your ideal raise will look like, and have assessed whether your requests are likely to be taken seriously, you’re going to compile all of that information together. Start with the reasons you most certainly deserve to be paid more. Use metrics and verifiable data as much as possible. The majority of the accomplishments you mention should be tangible.

Examples of tangible, measurable accomplishments include:

• Client reviews,
• Performance data (for instance, new client acquisition and client retention rates), and
• Successful projects (for example, moving the salon’s data to a more efficient salon management software or modernizing the salon’s social media profiles).

Your personal problems are not your employer’s problems.

You do not deserve a raise simply because you’re in a dire financial situation. You do not deserve a raise because you want a more expensive car or house. Your professional merit and individual contributions to the business determine whether you truly deserve higher wages, so stick to the facts.

Reason out your wage increase, then get specific with the numbers and the method. Then, if you’re still not feeling prepared, you need to practice.

Practice until you’re confident.

You’re going to do some solo role play to ensure you’re well-prepared to confidently hold your own during negotiations. I’m going to be your boss. Are you ready?

You’ve entered my office for the meeting you’ve scheduled and have taken a seat. “What’s going on?” I ask.

How are you going to proceed from here?

Don’t beat around the bush. Look your boss in the eye and say, “I want to discuss a raise.”

Not, “I want a raise.”
Not, “I need a raise.”
You’re there to discuss a raise, and that’s exactly what’s going to be happen.

This word choice matters. I want a raise implies that you don’t need it. I need a raise implies that you do. Neither of those things are relevant and both sentences sound more like a demand than a mutual agreement.

“Okay, let’s discuss it,” I say. “What did you have in mind?”

Whatever follows should show that you’ve carefully considered the options. You should be able to explain exactly what you’re looking for and how/why you’ve chosen it. Then, explain why you deserve higher wages.

Don’t stop talking until you’ve justified your request. when you have, invite your employer to respond by asking a direct question.

Here’s an example of how your part of this conversation should go:

“Ideally, I’d receive a 3% increase to my sales bonuses. My retention rates haven’t dipped below 91% for the past year. I consistently generate the most revenue and nearly all of my new clients are referred by existing clients. My Instagram account provides a lot of value to the salon and helps drive a considerable deal of new clients here. Since I built our online store six months ago, retail sales have nearly doubled. I’m reliable and always willing to pick up shifts when others need to take off. Have you had any complaints about my job performance?”

If you’re afraid to ask if your employer has any complaints about your job performance, you aren’t ready to negotiate a raise.

Prepare a list of possible questions and challenges your employer may pose. Take the time to carefully consider your responses. If they tell you they can’t afford to give you a raise at this time, what will you say?

Don’t forget to pause.

Give the employer time to respond to the information you present. If you’re a nervous talker who feels the need to fill silences, practice that impulse away before you meet with your boss. Developing the confidence to speak with authority and intent, then holding eye contact silently may take time. For many of us that type of communication doesn’t come naturally, as that deliberate approach can sometimes feel borderline-confrontational.

During coaching calls with salon professionals, I find so many of them struggle to communicate confidently with authority figures, especially during stressful situations. If you’re one of those who sweats, stammers, and searches the floor for the right words, you aren’t alone. I’ve had anxiety and social functioning issues my entire life. If I can modify my behavior and pass for an assertive, articulate adult, you can too. Planning and practicing help a lot. If that fails, remind yourself that you’re so insignificant, in a cosmic sense, that literally nothing you do matters. (Welcome to This Ugly Beauty Business! Come for the practical advice, stay for the existential dread.)

Keep practicing until you can straighten your spine, square your jaw, and wear those mannerisms like a second skin.

Ultimatums

You didn’t put your personal needs or desires into your list of reasons but that doesn’t mean they don’t exist. If you have needs/wants that aren’t up for debate, line up your backup plan. What will you do if your employer refuses to grant you a raise?

Make those plans in advance but don’t disclose them during negotiations. If you’re denied a raise and plan to move on, solidify that plan first, then deliver your resignation.

If your employer wants to attempt to outbid the offer you’ve received, exercise caution. Some employers will offer a raise to keep you around long enough for them to replace you with someone cheaper. Should that happen, you could find yourself out of a job entirely.

Request a private meeting, but before you do, assess the situation.

To get the raise you’re seeking, ask at the right time. To clarify, the right time is not

• when tourist season has died down and your employer is cutting hours,
• when the salon’s costs have suddenly and unexpectedly increased, or
• when the salon owner has taken a serious emotional and/or physical blow (death in the family, surgery, divorce, serious injury, etc.).

Schedule your private talk with your employer when things are calm and stable, and when they’re most likely to be receptive to your request.

If you’re well-prepared, your meeting should go well and result in a raise, but if the timing isn’t right or you’re denied for another reason, remember that you have to do what is right for you—which may mean finding a new job or a second job. If you have financial or career goals that have outpaced your workplace’s ability to satisfy them, it might be time to move on. If you want to learn how to leave on good terms (and more) read the recommended articles below.

• How to Quit Your Job the Right Way
• Ask a Salon Manager: Who do the clients belong to?
• How to Inform Your Clients That You’re Moving

Salon Compensation

Before I can answer your question about how commission works, you have to understand that there’s a distinction between how legal commission compensation works and how commission compensation typically works.

How does legal commission compensation work?

In a salon that complies with federal wage laws, employees are compensated one of two ways:

Commission plus hourly: Employees are paid an hourly wage plus a commission on their gross or net sales. In salons that utilize this structure, expect the hourly wage to be higher and the commission to be very modest, or vice versa. (You’re not likely to find a salon that pays a high hourly rate and a high commission.)

It’s not unusual for commission bonuses to be conditional upon performance, which means you may not qualify for any commission bonuses unless you hit certain sales benchmarks.

Commission versus hourly: Employees are paid an hourly wage or a commission on their gross or net sales, whichever is higher. At the end of the pay period, your hourly wage total is compared to your commission wages. You get the higher amount.

In these salons, it’s not unusual for the salon to use your ability to “hit commission” as a measurement of your job performance. Often, other metrics are also factored in (like your client retention rate and the salon’s overall traffic), but if you consistently don’t out-earn your hourly wages, and your metrics don’t add up, you could lose your job.

How does commission compensation typically work?

Commission only: In a good deal of privately-owned salons, salon owners pay a commission of your gross or net sales. Compliance with prevailing wage laws is unlikely. You may also find yourself being classified as “1099” (self-employed, despite the fact that you aren’t given the autonomy legally due to a self-employed person). If so, you’ll be responsible for paying the entirety of your employment taxes (15.3%—double what it would be if you were properly employed). You also won’t be eligible for a variety of federal protections you would normally be entitled to. Additionally, you may be responsible for providing your own product or will have the cost of products deducted from your paycheck.

Many salons deceptively offer high commissions, conveniently omitting the hidden costs of working for them.

“Average” Commission Rates

In non-compliant salons, expect to be offered commissions that range from 40-70%.

In compliant salons that pay hourly versus commission, commissions are unlikely to exceed 35%.

In compliant salons that pay hourly plus commission, expect more reasonable numbers proportional to the guaranteed base pay and the salon’s prices. If the salon pays a decent hourly wage, don’t expect the commission to exceed 15-20%. If the salon only guarantees the prevailing minimum wage, the commission may reach as high as 30% (but you very likely will have to hit sales goals to earn those rewards).

How much money do salon professionals make each pay period on average? What will my paycheck look like?

A variety of factors impact your paycheck, many of which you have little to no control over. The four most critical are:

1. The salon’s compensation structure. Are you being paid hourly only, hourly vs commission, hourly plus commission, or commission-only?
2. Your employment status. Are you properly and legally employed or are you a so-called (misclassified) independent contractor?
3. The salon’s prices.
4. The salon’s practices. Is the employer covering the product costs or are they deducting the cost from your paycheck (aka “committing wage theft”)?
5. Your individual pay rate.
6. Your productivity and sales performance. How fast do you work? What are your total sales? Can you predict what your average sales totals will be? (If you’re not a psychic, the answer is no…no, you cannot.)

If I had a dollar for every time someone asked me this question, I’d have enough money to pay people to never ask it ever again.

Why “Average Commission Rates” are Worthless Information

In the absence of all the data outlined above, the “average” commission rate is worthless information because percentages are relative to the amounts they’re being applied to. Time and time again, I see professionals telling other professionals they’re being “ripped off” if they’re being paid less than 50-60%, without having any of the information necessary to determine whether or not that’s actually the case.

For instance, who makes more per service?

• Root retouch:
  • Colorist 1 is paid 35%. The salon charges $200.
  • Colorist 2 is paid 50%. The salon charges $120.
• Shampoo, cut, and style:
  • Stylist 1 is paid 60%. The salon charges $25.
  • Stylist 2 is paid 20%. The salon charges $150.
• Manicure:
  • Manicurist 1 is paid 30%. The salon charges $65.
  • Manicurist 2 is paid 55%. The salon charges $18.

In each example, the professional compensated the lower commission rate out-earns the professional who receives the higher commission rate. Yet, if these professionals were to reach out to the Facebook Brain Trust (my intense sarcasm here is extremely intentional), each would be told they’re “being screwed” by their employers and encouraged to pursue rental. (Pro tip: Rental is independent business ownership, and it is expensive.)

To evaluate salon compensation and determine whether you’re receiving a good offer, you have to understand how percentages work.

Furthermore, you have to understand how an individual’s productivity and the salon’s traffic can impact their earnings. Those who are capable of delivering efficient services to a large number of clients tend to earn more money, as do those who can upsell and retail (turning $60 tickets into $200 tickets).

Do salon professionals get raises?

In complaint salons that utilize hourly-versus or hourly-plus commission systems, you can expect your base wages to increase over time. Commission increases are highly unlikely in “plus” salons, but may occur in “versus” salons—just don’t hold your breath for those increases to get anywhere near 40%.

Keep in mind that each time the salon’s prices increase, so too will your commission bonuses.

Salons have exceptionally high operating costs, with labor constituting the biggest chunk of our expenses. Collectively, us salon owners walk a fine line, doing our best to keep our compensation and our pricing competitive while keeping our costs as low as possible. As a salon management consultant who specializes in balancing those numbers for a wide variety of salon owners across North America, let me tell you—it is not easy. (If it were, my services wouldn’t be in such high demand and my business tools wouldn’t sell nearly as well.)

If you choose to work in a non-compliant salon, raises are highly unlikely.

After all, if the owner is so cheap, irresponsible, or mathematically deficient that they won’t ensure prevailing wage compliance or pay the 7.65% employment tax rate they’re legally required to cover, what makes you think they’re going to give you a raise?

When it comes down to it, you’ll have to evaluate each salon job offer you receive individually, comparing base wages, commission rates, salon traffic, and all the other pertinent facts. Until you have that information—and even afterwards—it’s hard to say what your checks will look like. You, as an individual, have to decide if you’re passionate enough about this career to accept that uncertainty and adjust your lifestyle accordingly (if a lifestyle adjustment turns out to be necessary). Unfortunately, our industry has a really high attrition rate, due in large part to that unpredictability (but in no small part due to the lies many new beauty students are sold by school recruiters).

Sad Fact: Very few of us are financing private Submarines.

As with all new careers, it’s important to understand what you’re getting into. Those who love this business enough to accept it despite its flaws stand to enjoy prosperous, long-term careers, but Step One to learning whether you’re one of those people is to get informed. While I’ve provided a ton of information for free on this site, you can also check out my first book, The Beauty Industry Survival Guide, for an unfiltered assessment of the professional beauty business—the good, the bad, and the ugly.